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(영문) 청주지방법원 제천지원 2015.10.15 2015고단404

마약류관리에관한법률위반(대마)

Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

1. The Defendants’ co-offenders are not narcotics handlers.

At the end of December 23, 2014, the Defendants smoked marijuana over 10 times in total, as indicated in the list of crimes, including:20 to 22, 25, 26, 28, 30 through 33, at the F cafeteria entrance operated by the Defendant A, at the end of 23:00, at the F cafeteria operated by the Defendant A, with a string in the gambling place.

Accordingly, the Defendants conspired to smoke marijuana.

2. Defendant A’s sole criminal administration is not a handler of narcotics.

On September 2014, the Defendant spathed the ma from marijuana, which he had been born in the cafeteria Gro, in the F cafeteria garden operated by the Defendant in Bocheon-si, and cultivated the 4 week of marijuana in the manner that he was born in the juscian Gro on May 2015 to Yusan in the vicinity of the above cafeteria, and the mascin transferred the 4 week of marijuana to the juscin.

B. On September 2014, the Defendant: (a) smoked marijuana over 25 occasions, as indicated in the list 1 through 19, 23, 24, 27, 29, 34, and 35 of the crime sight list, including the Defendant’s act of smoking marijuana by putting the erode in a H Costa car, which was set up at an insular place; and (b) the Defendant’s act of smoking marijuana.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on internal investigation (referring to marijuana submitted by the suspect B and photographing photographs);

1. Report on investigation (the result of request for appraisal);

1. Investigation report (the result of the inspection of the hemp spares);

1. Investigation report (in response to a suspect's report on results of written expert appraisal);

1. Investigation report (report on the confirmation of a suspect A-registered car);

1. Report on investigation (report on calculation of additional collection charges by suspect);

1. A written request for appraisal, a written request for appraisal and a written request for appraisal;

1. Each protocol of seizure and each list of seizure;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 61(1)6 of the Narcotics Control Act and Article 4(1)2 of the Act on the Control of Narcotics, Etc. and Article 61(1) of the Act on the Control of Narcotics, Etc. and Article 61(1) of the Act on the Control of Narcotics, Etc.